that's the law. that's not even a doubt. >> gretchen: your argument would have been a lot easier with the other suspect had he died. >> there is no doubt. in world war ii when american citizens helped the germans, they were hung. we have padilla in jail for four years because he was working with al-qaeda. there is no law that says that an american citizen can help the enemy with immunity -- impunity. that's never been the law. if you're an american citizen thinking of helping al-qaeda, let me give you advice. you can be killed or captured. if you're captured. >> you can be held for interrogation under the law of war as long as necessary. you can go to a has been i can't say judge and -- habeas judge and ask to be released. >> brian: chairman rogers yesterday, f.b.i. guy, before he became chairman, said he thought they traveled under an alias. could this intentional misspelling have happened? did he intentionally get his name misspelled? >> i don't know. >> brian: because he was coy about our system?